Table Of ContentThe Legal Profession
Unit 1A/Foundation
© Catherine Mason & Rosemary Atkins 2007
9
Unit 1A/Foundation
THE LEGAL PROFESSION
WORKING IN LAW
Exercise 1
Look at this list of legal occupations. All of these people work in law. We call all of the people who work
in these jobs, ‘the legal profession’. Match the jobs with one of the descriptions.
Key vocabulary
l lawyer
l practise
l barristers
l law firm
l attorney
l judge
l training contract
l acting for
l qualified
l legal practice
l partnership
l represent
l litigation
l advocacy
l pleading a case
l specialise
l right of audience
l appear
l solicitors
l clients
Exercise 2
Read this text about working in law. The most important words are in the key vocabulary below. Decide if
the statements on the next page are true or false.
There are two types of lawyer who practise in
England. They are called barristers and solicitors.
In the USA and most other countries, lawyers don’t
make this division – a lawyer is simply known as an
attorney at law, or an attorney.
In both England and the USA, it is not possible to
take a special exam to be a judge. If you decide
that you want to be a judge, you must get a lot of
experience as a lawyer first, then apply to be a
judge and wait to see if you are chosen.
Most law students in England become solicitors.
When they finish their university studies they do a one
year legal practice course and then a two-year
training contract with a law firm. After that, they are
qualified solicitors. Many solicitors work for a legal
practice, which is usually a partnership of solicitors
who work together. Solicitors practise in many areas
of law, although each solicitor usually chooses to
specialise in one particular area. They represent their
clients both in and out of court. We often describe
this as acting for a client. The process of making a
claim in the civil court is called litigation.
Barristers are self-employed lawyers and don’t work
in partnerships in the way that solicitors do. They
are specialists in advocacy, which is the skill of
speaking for someone in court. We call this
pleading a case. They also give opinions on areas
of law to solicitors and the solicitors’ clients. It is
not just barristers who have the right of audience
in court – solicitors are also allowed to represent
their clients in court and many solicitors appear in
court every day. It is not true to say that a client
always needs a barrister in court.
This person is a lawyer who gives legal advice and opinions to solicitors. He or she passed the
exams of the Bar Council of England & Wales at the end of his or her studies.
This person is a lawyer who gives legal advice to individuals and companies. He or she passed his
or her exams in the USA at the end of his or her studies and is usually a member of the American
Bar Association.
This person is a lawyer who gives legal advice to individuals and companies. He or she passed the
exams of the Law Society of England & Wales at the end of his or her studies.
This the general job title that we use for people who work as a solicitor, barrister or attorney.
d
c
b
a
� Solicitor
� Attorney
� Barrister
� Lawyer
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© Catherine Mason & Rosemary Atkins 2007
Unit 1A/Foundation
a
There are two types of lawyer practising in England.
� True
� False
b
Last year I finished my training contract and I started working for a
� True
� False
large international law firm. I am now a qualified lawyer.
c
Only barristers can speak on behalf of clients in court.
� True
� False
d
Many solicitors work together in partnerships but barristers don’t.
� True
� False
e
In the USA and England lawyers can take a special exam to be a judge.
� True
� False
MAKING A CLAIM IN THE CIVIL COURT
In the English and American legal systems we divide the law into two main areas. These are criminal law
and civil law.
This means that everything that is not a criminal matter is a civil matter.
a
Mr Bellerby is opening a new factory. He
needs to visit a lawyer to get a contract for
all of his employees to sign.
�
criminal
�
civil
b
Mrs Robson is thinking about what she wants
to happen to her house and possessions after
her death. She needs to visit a lawyer to get
the correct document, which is called a ‘will’.
�
criminal
�
civil
c
The police are taking Mr Dean to the police
station because they say he stole a car. He
needs a lawyer to come and visit him there
to tell him what to do.
�
criminal
�
civil
d
Mr Flynn owns a restaurant. He has a
contract with a company to deliver fruit and
vegetables to his restaurant. The company
didn’t deliver them on the agreed date, so
Mr Flynn lost money because he could not
open his restaurant that day. Mr Flynn needs
to see a lawyer about asking the delivery
company to give him the money he lost.
�
criminal
�
civil
e
Mr Allen is a bank manager. The bank is
saying that some money is missing. Mr Allen
has a new car and expensive clothes. The
police are coming to ask Mr Allen some
questions. He needs a lawyer immediately.
�
criminal
�
civil
Exercise 1
Look at these situations and decide if the person needs a criminal lawyer or a civil lawyer.
In other words, is it a criminal matter or a civil matter?
Help desk
What do these words mean?
criminal law – the law that punishes acts
against a person or against property that people
consider to be harmful to the whole community.
The state prosecutes criminals.
civil law – the law concerning the rights and
duties of private individuals and companies
rather than criminal matters.
a matter – a subject or situation, e.g. a criminal
matter, a civil matter.
a will – a legal document in which a person gives
details of what they want to happen to their
property after their death.
to steal (stole) – to take something that belongs
to someone else with the intention of keeping it.
© Catherine Mason & Rosemary Atkins 2007
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Unit 1A/Foundation
Help desk
What do these words mean?
to be in dispute – to have a serious
disagreement with another person.
a party to a court case – the claimant or the
defendant.
to owe money to someone – to have to pay
someone for something that they have done for
you or given to you.
legal costs – the court fees and payment for the
lawyer who is acting for you.
a procedure – a decided way of doing
something.
to prosecute – to take legal action against
someone in the criminal court.
Exercise 2
Read the information below. It is about starting a claim in the civil court. Decide if the statements under it
are true or false.
Starting a claim in the civil court
When you are in dispute with another person
sometimes it is necessary to start a claim in the
civil court. We sometimes call this process ‘filing a
claim’ or ‘issuing a claim’. Lawyers also say,
‘starting proceedings’. We do not use the verb ‘to
prosecute’ in civil law because that verb is only
used in criminal law. In England most civil claims
are filed in the County Court. There are over 200
County Courts in England and Wales. Most cities
and large towns have a County Court.
The person who starts the claim is called the
claimant in the UK. This person was called the
plaintiff until 1999, when there were new court
rules in England to make everything easier for
people to understand. However, in the USA the
claimant is still called the plaintiff. In both England
and the USA the other party is called the defendant.
A claim form is the document that a claimant uses
to start legal action against the defendant.
Why might a claimant start a claim? There are a lot
of reasons, for example:
l someone refuses to pay you money that they
owe to you
l someone does a job for you, but they do it
badly – we call this bad workmanship
l something that you paid for is not supplied to you
l something that you bought is not working properly.
The claimant has to pay a sum of money, called a
court fee, for the court to issue proceedings. In the
claim form, the claimant must state the amount of
his or her claim and request the defendant to pay
all of the legal costs of the case.
Sometimes people talk about ‘the small claims
court’. They really mean the special procedure that
exists at the County Court for small claims. A small
claim is a claim for a maximum amount of £5000.
a
Starting a claim means the same as starting proceedings.
� True
� False
b
You can ‘prosecute’ someone in the civil court.
� True
� False
c
There are more than 200 County Courts in England and Wales.
� True
� False
d
The word ‘plaintiff’ is not used in England any more but it is used
� True
� False
in the USA.
e
It is free to start a claim in the County Court.
� True
� False
f
There is a special court in a separate building for making small claims.
� True
� False
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© Catherine Mason & Rosemary Atkins 2007
Unit 1A/Foundation
Exercise 3
Here are some important expressions which lawyers use when they talk about starting a claim in the civil
court. Complete the sentences by matching the first half of each sentence with the correct ending.
(*) To issue a claim means to…
a
To pay a fee means to…
b
To serve a claim upon someone means to…
c
To respond to a claim means to…
d
To hear a case means to…
e
To find in favour of someone means to…
f
To give a judgment means to…
g
To make an order means to…
h
A bailiff is a person who…
…confirm that you have received the claim and
to say what you will do next.
…start a claim in the civil court.
…listen to the details of the claim and listen to
what the claimant and the defendant say about
their dispute.
…pay the court an amount of money for issuing
the claim.
…can legally take a person’s property when that
person does not pay money that he or she owes.
…officially announce the result of the case. The
judge may give the reasons for the decision.
…send the claim to the defendant’s address
and make sure that he or she receives it.
…decide that this person has won the case.
…officially state what someone has to do, and
how and when he or she must do it.
Exercise 4
Here are the steps in which a claim goes through the County Court. Fill the gaps with a word from Exercise 3.
a
The claimant _______________ a claim in the County Court.
b
The claimant will have to pay a _______________. The amount depends on the amount of money that
the claimant is claiming.
c
The court or the claimant’s solicitor _______________ the claim upon the defendant. This means that
they send it to the defendant’s address and make sure that the defendant receives it.
d
The defendant has 14 days from the day he or she receives the claim to _______________ to it. The
defendant can admit the claim, which means to agree that the claim is right, and pay the money that
the claimant wants, or the defendant can defend the claim.
e
If the defendant decides to defend the claim, a judge will _______________ the case in the County Court.
f
The judge will give his or her judgment. The judge will _______________ in favour of the claimant or
the defendant.
g
The parties must follow the terms of the _______________ that the judge makes and they must make
sure that they obey any instructions about time limits.
h
If the order says that the defendant must pay money to the claimant then the claimant can use the
services of a _______________ to collect that money if the defendant does not pay.
© Catherine Mason & Rosemary Atkins 2007
13
Unit 1A/Foundation
AREAS OF LAW
Exercise 1
In England and the USA there is an area of law called ‘the law of tort’. It is the law of civil responsibility.
It is an area of civil law.
Read this text about the law of tort. The most important words are in the key vocabulary below. Answer the
questions that follow, using a full sentence.
Key vocabulary
l law of tort
l carelessness
l tort
l damages
l injured person
l committed
l to sue
l grounds
l allegations
l negligence
l no win-no fee
l breach
The law of tort says that everyone has a civil duty
to be careful and not to hurt or harm another
person. Lawyers call this civil duty, ‘the duty of
care’. Sometimes people breach this duty of care.
To breach means to break. Very often they breach
the duty of care by accident but sometimes they do
it deliberately. If someone hurts or harms another
person because of a breach, we call this harmful
action a tort. This means that some things that
might be criminal in your legal system are a tort in
England and the USA.
Look at the list of harmful actions below. In England
and the USA they are usually torts.
l leaving the floor of a shop in a dangerous
condition so that a customer falls and hurts
her leg
l saying something that is bad about someone,
which isn’t true
l writing a story in a newspaper about someone,
which isn’t true
l playing loud music late every night, which
disturbs your neighbours
This area of law is easier to understand by thinking
of a tort as being a type of civil wrong. Each of the
torts listed above has a special name. The tort that
happens most often is called negligence.
Negligence means that someone was not careful
enough and this person’s carelessness hurt
another person as a result. The person who is hurt
is called the injured person.
When someone hurts you as a result of his or her
actions, you need to consult a lawyer who
specialises in the right area of tort. The lawyer will
try to get you money from the careless person. This
money is called ‘compensation’ or, more correctly,
‘damages’. Sometimes the lawyers can’t agree on
the amount of damages. When this happens, the
injured person may decide to sue the person who
has hurt them. Suing someone is a more informal
way of saying starting proceedings against
someone. The claim form will state the claimant’s
allegations against the defendant. An allegation is
like an accusation – the claimant is stating that
something happened, but the defendant has the
opportunity to say this is not true. The reasons for
going to court are called ‘the grounds’. The
grounds for an action in tort are that the defendant
committed a tort.
Sometimes a lawyer who specialises in the tort of
negligence makes an agreement with a client. The
agreement is that if the client does not win the case
then he or she does not have to pay for the lawyer’s
services. This is called a ‘no win-no fee’
arrangement. It is allowed in the UK and the USA.
Example question: What is the duty of care?
Example answer: The duty of care is the obligation to be careful and not to hurt anyone.
a
How do lawyers say to ‘break’ a duty of care?
Answer:
b
In England and the USA, is the law of tort an area of criminal or civil law?
Answer:
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© Catherine Mason & Rosemary Atkins 2007
Unit 1A/Foundation
Exercise 2
Put a word from the key vocabulary in Exercise 1 into the following sentences.
a
I am
the owner of the shop because there was water on the floor and I fell and
hurt my back.
b
I am a lawyer who specialises in the tort of
. People are just not careful enough!
At the moment I am acting for the injured person in more than 20 different cases.
c
The machines in the clothing factory were old and dangerous and one of the employees injured his
hand. The employee sued the factory owners and got £5000 in
.
d
In your claim form you accuse us of breaching our duty of care. We do not accept that your
are true and we will defend your claim in court.
e
Do you have a good reason for suing the owner of the hotel? What exactly are your
for
starting legal action?
Exercise 3
Here is a list of some important areas of law. Read what the lawyers say on the next page. They are talking
about the work they do. Match the lawyer with the correct area of law.
c
There are different types of tort. In general, what is a tort?
Answer:
d
What is the name of the tort that a person commits because he or she is careless and hurts someone
else as a result of this carelessness?
Answer:
e
What does suing mean?
Answer:
f
What is the correct name for the money that an injured person gets from the defendant in a successful
action in tort?
Answer:
g
What is the correct name for an arrangement where a client does not have to pay his or her lawyer if
the client loses his or her action in tort?
Answer:
a
law of contract
b
company law
c
land law
d
law of tort
e
law of equity and trusts
f
employment law
g
family law
h
immigration law
i
intellectual property law
j
criminal law
© Catherine Mason & Rosemary Atkins 2007
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Unit 1A/Foundation
David
‘I work in New York. I deal with clients from other countries who want to come and live here. I help
them to get permission from the government to make their dream of living in the USA a reality.’
Tom
‘I am with a law firm in Manchester. I am now in the second year of my training contract.
At the moment I deal with clients who are buying or selling their house. It’s my job to make
sure everything is correct and that the sale is valid and legal.’
Jennifer
‘I work in a very exciting area of law here in Los Angeles. I meet a lot of writers and musicians
and sometimes even people from movie studios! I protect their rights and make sure that
no-one can copy their work and make money from it without their permission.’
Alistair
‘When I write the story of my life I will call my book, "Robbers, Murderers and other Friends of
mine!" I work in Edinburgh, which is in Scotland. I defend people who are in trouble with the
police. They may even go to prison! It is my job to help them.’
Sunitta
‘I work in Sydney, Australia. I give advice to people who are unhappy living together and they
want a divorce. Sometimes people argue about money or the care of the children. It’s a difficult
area of law and I feel very sympathetic towards my clients.’
Cory
‘I work in Chicago. I am quite famous on TV here in the USA. That’s because Channel 10 show
my advertisement five times every day! I ask people to call me if they were hurt or were in an
accident because somebody else wasn’t careful enough. If people are not careful, then I’m
afraid they will have to pay damages!’
Kayleigh ‘I work in Christchurch, New Zealand. Most of my clients have problems at work. I saw a lady
this morning who is going to have a baby. When she told her boss that she is pregnant, he fired
her from her job. That is not legal in New Zealand and I will help her to do something about it.’
Michael
‘I work for a very big London law firm. Our clients are banks and other big businesses. Today
I am working on a merger agreement, which means that two companies are joining together to
become one. Yesterday I advised a new client who wants to start an internet company on the
different ways he can do it.’
Mary
‘I am based in Dublin, the capital city of Ireland. I see people or companies who want to make a
legal agreement with another person or company. Today I am dealing with an agreement to
deliver goods from Ireland to the USA. I have to check every word very carefully!’
Polly
‘I work in a very old and interesting area of law. Today I met a client who is 70 years old and
has no family. When she dies, she wants to put all of her money into a special fund. Her two
friends will use this money to help pay for a training school for actors and actresses from her
home city here in Liverpool. I explained to her how to do that and I will draft the necessary legal
documents for her.’
Help desk
What do these words mean?
to deal with someone or something – to do
business with someone or to take the correct
action in an area of work.
legal – allowed by the law.
valid – legally correct and acceptable.
to draft a document - to write a document.
to have a right – (in intellectual property law) to
have a legal interest in something; it is yours.
robber – a person who steals money or property
using or threatening to use violence.
a divorce – the legal ending of a marriage.
to merge – (in company law) when two
companies join together to form one.
to be based somewhere – to be established
somewhere as the main place where you work
or live.
goods – things that are produced so that they
can be sold.
fund – an amount of money that a person or
organisation keeps to pay for something
in particular.
